§ 12-918. Appeals.

(a)

If the chief refuses to issue a permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the chief to the city manager by filing with the city manager a written request for a hearing, setting forth the reasons for the appeal, within ten days after receipt of the notice from the chief. The filing of a request for an appeal hearing with the city manager stays an action of the chief in revoking a permit until the city manager or his designated representative make a final decision. If a request for an appeal hearing is not made within the ten day period, the action of the chief is final.

(b)

The city manager or his representative shall serve as hearing officer at an appeal and consider evidence by an interested person. The formal rules of evidence do not apply at an appeal hearing and the hearing officer shall make his decision on the basis of a preponderance of the evidence presented at the hearing. The hearing officer must render a decision within 30 days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the chief. The decision of the hearing officer is final as to administrative remedies with the city.

(Ord. No. 02-48, § 1(15-238), 10-21-2002)